Sandiganbayan sides with Enrile on pork barrel case

The Sandiganbayan has ordered the Office of the Ombudsman to produce the evidence against former Senator Juan Ponce Enrile on the P172.8 million plunder case against him.

This is in response to the petition filed by the camp of former lawmaker before the Sandiganbayan Third Division to order the Ombudsman “to produce and permit the copying or photographing of any and all documents” as specified in the bill of particulars.

They argued that they need time “to study and consider the materials before trial is held.”

In its 6-page resolution issued on April 24, the graft court granted Enrile’s motion.

The Sandiganbayan said, “Enrile has absolute control on how to go about his defense. If in his mind, he needed to inspect or copy pieces of evidence [not privileged] which are material for him to make an intelligent defense, then he is allowed by the court to ask for the inspection or production of these documents.”

The court cited Section 10, Rule 116 of the Revised Rules of Criminal Procedure which allows the former Senate president to avail this remedy, considering the prosecution made use of government resources to prepare its case.

Therefore, on the argument that the request is equivalent to premature presentation of evidence, the court said “Ombudsman prosecutors were wrong to call Enrile’s motion premature.

The Sandiganbayan, however, said the scope of the evidence that Enrile may access is only limited to documents related to the itemized charges against him.

Enrile is accused of pocketing some P172.8 million of his pork barrel or Priority Development Assistance Fund (PDAF) by channeling the money to the fake nongovernment organizations of convicted plunderer Janet Lim Napoles.

He was initially detained at the Philippine National Police (PNP) Custodial Center in Camp Crame, Quezon City but was later released by the court on humanitarian grounds considering that he is already 95 years old.

The Sandiganbayan has dismissed the charges against former Philippine National Police (PNP) chief Alan Purisima and ex-PNP Special Action Force chief Getulio Napeñas over the Mamasapano clash in 2015.

The dismissal of the charges against the two former police officers was due to the lack of probable cause to charge them of graft and usurpation of official functions complaints for their involvement in the anti-terrorist operation in Mamasapano, Maguindanao in 2015.

The said operation led to the deaths of 44 Special Action Force (SAF) commandos.

Purisima was charged for still leading the operation to kill terrorists Zulkifli bin Hir or Marwan and Abdul Basit Usman, under Oplan Exodus, despite being suspended as the Philippine National Police (PNP) chief.

Napeñas, on the other hand, was also charged for allegedly conspiring with Purisima.

Based on the resolution, Purisima and Napeñas cannot be charged due to the lack of sufficient evidence.

“There is no mention in the information, nor any evidence on record, that accused Napeñas received or expected to receive any material remuneration or consideration therefor,” the resolution states. “It could not be said that Purisima was under the pretense of being a PNP chief because he was ordered by his president and commander-in-chief to perform such supervision and monitoring.”

Purisima and Napeñas were charged with violating Section 3(a) of the anti-graft law which punishes “persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations.”

Meanwhile, the Sandiganbayan said the dismissal of the criminal complaints did not mean that the two accused had no liability over the Mamasapano clash and appropriate charges can still be filed against them.

“What the court merely ruled is the non-existence of probable cause against Napeñas in both charges and the insufficiency of the allegations in the information filed against Purisima,” the resolution reads.—AAC

MANILA, Philippines — The Senate Committee on Justice will conduct an investigation on the Presidential Commission on Good Government (PCGG) on the measures it has taken to sequester the ill-gotten wealth of the Marcos family.

Senate Blue Ribbon Committee chairman Richard Gordon will particularly question the PCGG’s failure to win the case against the Marcoses.

Philippines First Lady and current congresswoman Imelda Marcos (2-L) when she visited the tomb of former strongman Ferdinand Marcos to mark National Heroes Day at the ‘Libingan ng mga Bayani’ (Cemetery of Heroes) in Taguig City, south of Manila, Philippines, 28 August 2017. EPA-EFE/FRANCIS R. MALASIG

The second division of the Sandiganbayan has dismissed the civil case filed by the Presidential Commission on Good Government (PCGG) against former President Ferdinand Marcos and wife Imelda Marcos for insufficient evidence over P1 billion worth of alleged ill-gotten wealth.

Based on the decision of the anti-graft court, the PCGG failed to present strong evidence against the Marcoses.

“The plaintiff Republic failed to prove by preponderance of evidence that the defendants by themselves, or in conspiracy with defendants Marcoses, obtained ill-gotten wealth,” the decision reads.

“Lastly, the court also finds that the defendants failed to prove their respective counterclaims alluding to alleged damages sustained.”

According to the Malacañang, the PCGG can still submit an appeal in the Supreme Court.

Presidential Spokesperson Salvador Panelo said the Marcoses should still be accountable if there is proof of ill-gotten wealth.

“Kung ill-gotten, we should always run after, basta ill-gotten (If it is ill-gotten we should always run after, as long as it is ill-gotten). It should be the policy of all governments to run after ill-gotten wealth,” he said.

The Sandiganbayan previously dismissed the P102 billion worth of forfeiture case against the Marcoses and other respondents last August.—AAC (with reports from Rosalie Coz)

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